In America, hate speech is generally protected by the First Amendment. But should it be? Today’s guest is out with a new book, “ Hate Speech is Not Free: The Case Against First Amendment Protection .” W. Wat Hopkins is emeritus professor of communication at Virginia Tech, where he taught communication law and cyberspace law. Transcript of Interview: https://www.thefire.org/research-learn/so-speak-podcast-transcript-should-first-amendment-protect-hate-speech Timestamps 0:00 Introduction 5:34 Why ...
Apr 25, 2024•1 hr 7 min
In late 2013, some of us at FIRE started noticing a change on college campuses. Students, who were previously the strongest constituency for free speech on campus, were turning against free speech. They began appealing to administrators more frequently for protection from different speakers and using the language of trauma and safety to justify censorship. What changed? Neil Howe may have an answer. He is a historian, economist, and demographer who speaks frequently on generational change. His m...
Apr 11, 2024•1 hr 22 min
“I have never seen a Supreme Court term that is as consequential as this one is going to be,” said FIRE Chief Counsel Bob Corn-Revere, previewing this term’s First Amendment cases. On today’s show, we analyze the oral arguments in four of those cases: NRA v. Vullo , Murthy v. Missouri (formerly Missouri v. Biden ), Moody v. NetChoice, LLC, and NetChoice, LLC, v. Paxton . We also discuss the court’s decision in two cases involving government officials blocking their critics on social media. Joini...
Mar 29, 2024•1 hr 23 min
There is a recurring debate in the free speech community regarding whether money is speech. Bitcoin-focused entrepreneur, writer, and philosopher Robert Breedlove joins us today to help resolve the debate. Describing money as “the language of human action,” Robert makes the case that money, like the cryptocurrency Bitcoin, is information and should be free from government regulation and manipulation. During this longer-than-usual episode, Robert and Nico discuss everything from Keynesian economi...
Mar 25, 2024•2 hr 8 min
On today’s episode, we discuss Alexei Navalny’s death, Vladimir Putin, censorship in Russia, and Samizdat Online , an anti-censorship platform that grants users living under authoritarian regimes access to news and other censored content. Yevgeny “Genia” Simkin is the co-founder of Samizdat Online and Stanislav “Stas” Kucher is its chief content officer. Timestamps 0:00 Introduction 2:25 Alexei Navalny 8:53 The state of Russian opposition 20:48 The origins of Samizdat Online 28:17 How does Samiz...
Mar 14, 2024•1 hr 1 min
On today’s free speech news roundup, we discuss the recent NetChoice oral argument, Taylor Swift, doxxing, October 7 fallout on campus, and Satan in Iowa. Joining us on the show are Alex Morey, FIRE director of Campus Rights Advocacy; Aaron Terr, director of Public Advocacy; and Ronnie London, our general counsel. Timestamps 0:00 Introduction 0:44 NetChoice oral arguments 19:39 Taylor Swift cease and desist letter 29:20 Publishing unlawfully obtained information 39:28 Harvard and doxxing 47:44 P...
Feb 29, 2024•1 hr 23 min
J Hopkins is an American playwright, novelist, and political satirist. He moved to Germany in 2004. He publishes a self-titled blog on Substack and is the editor of Consent Factory Publishing. CJ’s most recent book, “The Rise of the New Normal Reich,” draws a parallel between Nazi Germany and the response to the COVID-19 pandemic. In August 2022, it was banned on Amazon in Germany, Austria, and the Netherlands. In the months that followed, CJ was charged by German authorities with violating a se...
Feb 15, 2024•1 hr 14 min
Michael Malice is a self-described “anarchist without adjectives” and is the author of several books, including most recently “ The White Pill: A Tale of Good and Evil .” He is also the host of the podcast, “ YOUR WELCOME, ” and the subject of the biographical comic book, “ Ego & Hubris: The Michael Malice Story .” Michael joins us today to explain why he hates the term “free speech,” and gives his thoughts on McCarthyism, anarchism, Twitter, and more. Timestamps 0:00 Introduction 0:46 Who is Mi...
Feb 01, 2024•1 hr 17 min
Jeff Kosseff is an associate professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department. He is the author of four books including his most recent, “ Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation .” He has also written books about anonymous speech and Section 230 of the Communications Decency Act. Timestamps 0:00 Introduction 2:30 Jeff’s focus on the First Amendment 4:27 What is Section 230? 9:30 “Liar in a Crowded Theater” 16:27 What ...
Jan 18, 2024•1 hr 3 min
Bill Courtney is an American football coach, entrepreneur, author, and the subject of the academy award winning 2011 documentary “ Undefeated ,” which tells the story of Courtney leading a high school football team in an economically depressed area of Memphis, Tenn. to the playoffs. Courtney is the host of the An Army of Normal Folks podcast, in which he shares stories of “ordinary people doing extraordinary things in and around their communities.” His book “ Against the Grain: A Coach's Wisdom ...
Jan 04, 2024•1 hr 4 min
We’re joined today by Elizabeth Nolan Brown, Robert Corn-Revere, and Ronnie London to discuss the history and verdict of the Backpage trial. Backpage.com was an online classified advertising service founded in 2004. As a chief competitor to Craigslist, Backpage allowed users to post ads to categories such as personals, automotive, rentals, jobs and — most notably — adult services. In 2018, the website domain was seized by the FBI and its executives were prosecuted under federal prostitution and ...
Dec 21, 2023•1 hr 4 min
Nico and FIRE President & CEO Greg Lukianoff appeared on an X Space to discuss the fallout from the recent congressional hearing on anti-Semitism involving Harvard President Claudine Gay, MIT President Sally Kornbluth, and former Penn President Liz Magill, who resigned last week following backlash over her testimony. Timestamps 0:00- Introduction 1:53 - History of FIRE 5:40 - MIT/Harvard/Penn presidents’ testimony 11:35 - How speech codes are abused and conflict over the definition of genocide 1...
Dec 12, 2023•58 min•Ep. 201
We’re joined by First Amendment attorney Marc Randazza and British journalist Brendan O’Neill to discuss the state of free speech in the United States and Europe. Randazza is a First Amendment attorney and the managing partner at Randazza Legal Group. He has represented controversial figures throughout his career, including Alex Jones, Mike Cernovich, Chuck Johnson, and founder of the neo-nazi website the Daily Stormer, Andrew Anglin. O’Neill is a British author and journalist who served as edit...
Nov 30, 2023•1 hr 14 min•Ep. 200
The FIRE team gets together to discuss the October 7 attacks in Israel and the resulting censorship on college campuses in the United States. FIRE President and CEO Greg Lukianoff, Director of Campus Rights Advocacy Alex Morey, and General Counsel Ronnie London join host Nico Perrino for the conversation. ** We will conduct a listener survey starting Monday, Nov. 13. “So to Speak” listeners who subscribe to the show’s email list will receive an email with a link to the survey. If you are not an ...
Nov 09, 2023•1 hr 5 min
The Supreme Court handed down some big First Amendment victories last term. What lies ahead for the Court in the upcoming term? FIRE Chief Counsel Robert Corn-Revere and FIRE General Counsel Ronnie London join the show to discuss important First Amendment cases that will be heard during the Court’s 2023-24 session. Timestamps: 0:00 - Introduction 1:47 - Murthy v. Missouri (government jawboning) 14:40 - NRA v. Vullo (government jawboning) 25:49 - NetChoice cases (social media regulation) 46:39 - ...
Oct 25, 2023•1 hr 17 min
President, CEO, and general counsel of the Alliance Defending Freedom, Kristen Waggoner, joins us for a discussion on freedom of speech and religious liberty. ADF has played various roles in 74 U.S. Supreme Court victories and since 2011, has won cases before the Court 15 times. According to its website, “ADF is the world's largest legal organization committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life.” ADF has litigated many hig...
Oct 12, 2023•1 hr 17 min
Writer and academic Yascha Mounk argues that a new set of ideas about race, gender, and sexual orientation have overtaken society, giving rise to a rigid focus on identity in our national debate. In his new book, “ The Identity Trap: A Story of Ideas and Power in Our Time ,” Yascha seeks to take these ideas seriously, understand their origin, dissect their merits and failings, and offer a path forward to avoid what he calls “the identity trap.” On today’s show, Mounk previews his book and explai...
Sep 27, 2023•1 hr
FIRE President and CEO Greg Lukianoff and FIRE General Counsel Ronnie London join the show to preview Greg’s new co-authored book on cancel culture and to discuss recent free speech cases and headlines: Transcript: https://www.thefire.org/research-learn/so-speak-podcast-transcript-dont-tread-me-misgendering-cancel-culture-and-three “ The Canceling of the American Mind ,” by Greg Lukianoff and Rikki Schlott (out Oct. 17) Colorado public school to allow student to display Gadsden flag patch — as l...
Sep 07, 2023•1 hr 18 min
Harvey Silverglate is a criminal defense and civil liberties attorney. He is also the co-founder of FIRE. On today’s show, Harvey defends the work of criminal defense attorneys, explaining why even guilty people must have the right to a robust legal defense. He also shares stories from his life, from growing up in Brooklyn to defending Vietnam War protesters to co-founding FIRE. Transcript www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/...
Aug 24, 2023•53 min
High school debate is considered an ideal extracurricular activity for aspiring lawyers, politicians, or anyone seeking to learn the tools of effective communication and persuasion. But a slew of recent reports argue that high school debate is being captured by political ideology, rendering certain arguments off-limits, some debate topics undebatable, and ad hominem attacks fair game. Debate judges disclose their judging paradigms by saying things like, “I will listen to conservative-leaning arg...
Aug 10, 2023•1 hr 3 min
We review the Supreme Court’s free speech cases during the 2022-23 term and speculate on what’s in store for the next term. FIRE Vice President of Litigation Darpana Sheth guest hosts and is joined by FIRE Chief Counsel Robert Corn-Revere and FIRE General Counsel Ronnie London. This episode was recorded before a virtual live audience on July 20. Watch a video of the conversation . Transcript Cases discussed: 303 Creative v Elenis Counterman v. Colorado United States v. Hansen Twitter v. Taamneh ...
Jul 27, 2023•59 min
In the last episode of the “So to Speak” podcast, we traced the dramatic story of free speech in the United States from colonial America to the abolitionists' campaign to abolish slavery. In this week’s episode, we pick up where we left off and explore the complicated history and legacy of civil liberties during the American Civil War. Professor and author Joseph R. Fornieri and FIRE Chief Counsel Robert Corn-Revere join the show this week to unpack Abraham Lincoln’s justifications for suspendin...
Jul 13, 2023•31 min
Last Constitution Day, we traced the origins of free speech in the United States from colonial America to the ratification of the Bill of Rights in 1791. In this episode, we jump forward to the antebellum period, where abolitionists such as Frederick Douglass, John Quincy Adams, William Lloyd Garrison, and Angelina Grimké clashed with pro-slavery advocates over the monumental issue of slavery. Journalist and author Damon Root, FIRE Senior Fellow Jacob Mchangama, and Washington and Lee University...
Jun 28, 2023•33 min
Nico knows very little about punk rock. On today’s show, Reason magazine’s Nick Gillespie and FIRE Vice President of Communications Matt Harwood do their best to explain to Nico why he and other free speech advocates should care about punk rock. Transcript: https://www.thefire.org/ research-learn/so-speak- podcast-transcript-why-should- we-care-about-punk-rock www.sotospeakpodcast.com YouTube: https://www.youtube.com/@freespeechtalk Twitter: https://www.twitter.com/freespeechtalk Facebook: https...
Jun 14, 2023•1 hr 2 min
Winning in the court of public opinion is hard. On today’s show, Ewing School founder Bob Ewing shares communications strategies that anyone — including free speech advocates — can use to win in the marketplace of ideas. Prior to founding the Ewing School, Bob was director of communications for the Institute for Justice and pioneered a communications training program for the Mercatus Center at George Mason University. Bob is also the author of the Talking Big Ideas Substack, which Nico highly re...
Jun 01, 2023•1 hr 21 min
On April 18, Fox News agreed to pay Dominion Voting Systems $787.5 million to settle a defamation lawsuit stemming from allegations of voter fraud in the 2020 presidential election. The historic settlement came just before the trial was set to begin in a case many saw as having significant First Amendment implications. In this exclusive conversation, attorneys for Fox and Dominion join First Amendment attorney Lee Levine to reflect on what led to the case, its outcome, and the arguments they wou...
May 15, 2023•1 hr 35 min
Rocking their tuxedos in preparation for the 2023 FIRE gala in New York City, Host Nico Perrino speaks with rapper and free speech advocate Killer Mike about his journey toward learning the value of free expression. They also discuss the importance of free speech in American history, the value of engaging and arguing with those who disagree with us, why free speech was critical to gaining racial equality, defending rappers and artists being prosecuted for their lyrics, and why polarization is mo...
Apr 27, 2023•45 min
Does music censorship still happen in America? Is “sex, drugs, and rock ‘n’ roll” dead? Is transgression in art and culture celebrated anymore (or was it ever)? From Beyonce and Taylor Swift to Ozzy Osbourne and Robin Thicke, SPIN magazine founder Bob Guccione Jr. and Reason magazine Editor at Large Nick Gillespie join a lively discussion of our current moment in pop culture. Bob also shares some war stories from his fight against the Parents Music Resource Center in the 1980s. Transcript: https...
Apr 20, 2023•1 hr 20 min
What’s going on in Florida? Host Nico Perrino and his FIRE colleagues break down the latest efforts to censor speech in the Sunshine State. Show notes: Transcript “ VICTORY: After FIRE lawsuit, court halts enforcement of key provisions of the Stop WOKE Act limiting how Florida professors can teach about race, sex ” “ Thought the ‘Stop WOKE Act’ was bad? A new Florida bill is worse ” “ Unconstitutional and un-American, Senate Bill 1316 would force bloggers who criticize the government to register...
Mar 28, 2023•1 hr 4 min
UPDATE: Just as this podcast was to be published, Stanford Law School Dean Jenny Martinez sent a 10-page memorandum to the law school community outlining a path forward for the school, including updating school policies to prevent future speaker disruptions and mandatory student free speech training. She also announced that Associate Dean Tirien Steinbach is on leave. – The heckling began almost as soon as Fifth Circuit Court of Appeals Judge Kyle Duncan started his invited lecture at Stanford L...
Mar 22, 2023•58 min
